Question
The captain and five crew of Ryanair flight FR4978 from Athens to Vilnius were put under armed guard in Minsk after being forced to divert
The captain and five crew of Ryanair flight FR4978 from Athens to Vilnius were put under armed guard in Minsk after being forced to divert the plane for a fake bomb threat - apparently staged to allow the Belarus government to capture an opposition journalist among the 126 passengers. As counsel who specialises in international law, you are approached by the European Union to offer advice. In a clearly articulated essay, provide a legal opinion to, making sure to cover the following important points:
Does a state's sovereignty extend to the airspace above its land or territorial waters?
Does a state have jurisdiction over aircrafts flying over its airspace?
Does a foreign airliner, such as Rynaiar registered in the UK, have the right to overfly the airspace of a third country, in this case Belarus?
Does Belarus have the right in international law to intercept and force to land aircrafts overflying its airspace?
If your answer to above is in the negative, explain why?
If your answer to above is in the affirmative, explain why?
Assuming that Belarus has such rights, do these extend to instances where the distress signal (the alleged bomb threat) is a hoax, a fraud designed to catch a political dissident?
Can the president (or any other responsible state official from Belarus) be charged with any international law crime(s)? If so what crime(s), and which state(s) would have jurisdiction?
View the video on YouTube, that discusses the hijacking of Ryanair Flight FR4978 by the state of Belarus: https://youtu.be/bkdx9Kb5iYo
This exercise takes the form of an essay, and should not necessarily be presented as a list of responses to the points above; but must address all the above sufficiently. Make sure there is flow in your response, that you have cited authority and that you have proof-read or edited your work before submission.
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